AN ACT RELATIVE TO CERTAIN PARCELS OF LAND IN THE CITY OF NORTHAMPTON AND THE TOWN OF WILLIAMSBURG.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. (a) Notwithstanding any general or special law to the contrary, the town of Williamsburg, through its board of selectmen, may acquire by gift, purchase or eminent domain, a perpetual easement to be held jointly with the city of Northampton for the purposes of an active and passive recreation multi-use rail trail. The easement may include, but shall not be limited to, the right to construct, reconstruct, install, repair, maintain, operate, use, inspect, patrol and allow the public to use such easement for multi-use, nonmotorized rail trail purposes, upon property now or formerly of Karen J. McElroy on the easterly side of South Main street in the town of Williamsburg and further described in a deed recorded with the Hampshire district registry of deeds in book 7994, page 185. The design of the active and passive recreation multi-use rail trail shall be at the discretion of the board of selectmen of the town of Williamsburg and the city of Northampton.
(b) Notwithstanding any general or special law to the contrary, the board of selectmen of the town of Williamsburg and the city of Northampton may enter into all agreements and take all actions necessary or appropriate: (i) to carry out the acquisition described in subsection (a); (ii) to convey a parcel of land shown on a plan entitled “Plan of Land in Williamsburg (Haydenville), MA”, dated December 11, 2012, prepared by Northeast Survey Consultants, which is on file with the clerk of the town of Williamsburg, such parcel being a portion of property of the town of Williamsburg acquired by a deed from the city of Northampton and recorded with the Hampshire district registry of deeds in book 10329, page 57, upon which property the city of Northampton has an easement for multi-use rail trail purposes, as reserved in said deed and which property includes a portion of a garage now or formerly of Karen J. McElroy and such other property so that the garage complies with the setback provisions of a Williamsburg zoning by-law; provided, however, that such conveyance shall be contingent upon the conveyance to the town of Williamsburg of the active and passive recreation multi-use rail trail easement described in subsection (a); (iii) to authorize the town of Williamsburg to convey the parcel described in clause (ii) on such terms and conditions and for such consideration, including no consideration, as the board deems appropriate; and (iv) for the town of Williamsburg to convey a fee interest and for a release by the city of Northampton of an easement interest in the parcel described in clause (ii) if such approval is required by the board of selectmen of the town of Williamsburg.
SECTION 2. (a) Notwithstanding any general or special law to the contrary and for the purposes of this act, the city of Northampton may convey to Karen J. McElroy of 45 South Main street in the town of Williamsburg a portion of its interest in and to a certain easement held by the city over, across, upon and under a parcel of land acquired for the purpose of laying out and maintaining an active and passive recreation multi-use rail trail. The parcel authorized to be conveyed contains an area of 0.03 acres or 1,245.1 square feet, more or less, and is shown as Parcel A on a plan entitled “Plan of Land in Williamsburg (Haydenville), MA, Hampshire Registry Prepared for Karen McElroy”, dated December 11, 2012 and prepared by Northeast Survey Consultants. The plan is on file with the city of Northampton office of planning and sustainability and shall be recorded in the Hampshire district registry of deeds together with the deed conveying the interests authorized in this act.
(b) The purpose of the conveyance shall be to convey sufficient property for Karen J. McElroy to maintain a pre-existing garage that encroaches on a portion of the easement land held by the city of Northampton that is not necessary for the layout of the multi-use rail trail referred to in this act.
SECTION 3. This act shall take effect upon its passage.
Approved, November 25, 2013.